Earl M. Hasbrouck and Donna M. Hasbrouck - Page 27

                                       - 27 -                                         

               Deductions, such as those claimed by petitioners on their              
          Schedules F, are a matter of legislative grace.  A taxpayer                 
          claiming such deductions must prove entitlement to them.                    
          INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992).  In                  
          particular, for a taxpayer to claim a deduction on a Schedule F,            
          the taxpayer must establish that the farming activity constitutes           
          a trade or business.  The Supreme Court has stated that "to be              
          engaged in a trade or business, the taxpayer must be involved in            
          the activity with continuity and regularity and * * * the                   
          taxpayer's primary purpose for engaging in the activity must be             
          for income or profit.  A sporadic activity * * * does not                   
          qualify."  Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987).             
          The question of whether a taxpayer is engaged in a trade or                 
          business requires an examination of all the relevant facts.                 
          Id. at 35.  In applying the facts and circumstances test, courts            
          have focused on three factors indicative of whether a trade or              
          business exists.                                                            
               First, the taxpayer must undertake the activity intending to           
          make a profit.  Drobny v. Commissioner, 86 T.C. 1326, 1340                  
          (1986), affd. 113 F.3d 670 (7th Cir. 1997); Green v.                        
          Commissioner, 83 T.C. 667, 687 (1984).  Second, the taxpayer must           
          be regularly and actively involved in the activity.  Snyder v.              
          United States, 674 F.2d 1359, 1364 (10th Cir. 1982).  Third, the            
          taxpayer’s business operations must have actually commenced.                





Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011